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PHILOMENO & SALAMONE v. UPPER MERION TP.

No. 105 MAP 2006.

966 A.2d 1109 (2009)

PHILOMENO & SALAMONE, Appellant v. BOARD OF SUPERVISORS OF UPPER MERION TOWNSHIP and Upper Merion Township, Appellees.

Supreme Court of Pennsylvania.

Decided March 18, 2009.

Attorney(s) appearing for the Case

Thomas L. Wenger, Esq., Stephen Philip Smith, Esq., Wix, Wenger & Weidner, P.C., Harrisburg, for PA State Ass'n of Tp. Sup'rs, amicus curiae.

Edward J. Hughes, Esq. Hughes, Kalkbrenner & Adshead, L.L.P., Plymouth Meeting, for Philomeno & Salamone, appellant.

Gregory P. DiPippo, Esq., Joseph J. Pizonka, Esq., Pizonka, Reilley, Bello & McGrory, P.C., King of Prussia, for Bd. of Sup'rs of Upper Merion Tp. and Upper Merion Tp., appellees.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD and McCAFFERY, JJ.

OPINION

Justice EAKIN.

On June 5, 2003, appellant, equitable owner of 18.67 acres in Upper Merion Township, Montgomery County, submitted an application to the township's Board of Supervisors to subdivide the property into two parcels, and to further subdivide one of those parcels into 17 residential lots. The Board twice requested extensions of time to make a decision; § 508 of the Pennsylvania Municipalities...

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